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By India Today News Desk: The Gujarat High Court, today on Saturday, will hear Congress leader Rahul Gandhi’s appeal challenging the order of the Surat sessions court declining a stay on his conviction in a criminal defamation case over his “Modi surname” remark.
Gandhi’s appeal will be heard by Justice Hemant Prachchhak on April 29 (Saturday), the cause list published by the high court said.
On April 26, when Gandhi’s lawyer P S Champaneri mentioned the case before Justice Gita Gopi, she recused herself from the hearing by saying “Not before me.” The development came a day after Gandhi moved the HC.
Rahul Gandhi was sentenced to two years in jail in the defamation case against him for his “all thieves have Modi surname” remark. He was convicted by a metropolitan magistrate’s court in Surat on March 23 court under Indian Penal Code (IPC) sections 499 and 500 (criminal defamation).
Following the verdict, Gandhi, elected to the Lok Sabha from Wayanad in Kerala in 2019, was disqualified as a Member of Parliament (MP) under the provisions of the Representation of the People Act.
Gandhi challenged the order in a sessions court in Surat along with an application seeking a stay to the conviction. While granting him bail, the court on April 20 refused to stay the conviction.
A Gujarat BJP MLA Purnesh Modi had filed a criminal defamation complaint in a court in Surat against Congress president Rahul Gandhi over his “why all the thieves have Modi in their name” barb.
In his complaint, the MLA, claimed Gandhi, with his statement, has defamed the entire Modi community.
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